Princípios Kantianos na advocacia brasileira: um estudo sobre a ética, moral e cidadania no contexto republicano

Abstract

The monograph explores how Immanuel Kant's deontological philosophy and reformist ethics can contribute to improving ethical practices in advocacy in Brazil, particularly within the republican context. The research problem focuses on how Kantian moral principles, which value universality and rationality, along with his reformist ethics, can be applied to legal practice, promoting behavior that transcends personal interests and aligns with principles of justice and equity. The relevance of this issue is highlighted by the essential role of advocacy in a Democratic State of Law, where lawyers must act not only as defenders of private interests but also as agents of social transformation. The methodology used is revisional, focusing on the critical analysis of Kant's main works, such as the "Groundwork of the Metaphysics of Morals," the "Critique of Practical Reason," and the "Metaphysical Principles of Justice." The study also incorporates reflections from contemporary philosophers such as Newton de Oliveira Lima and David Luban, along with practical cases from Brazilian advocacy. The overall objective is to investigate how Kant’s deontological ethics can strengthen legal practice in Brazil, promoting actions that respect human dignity and contribute to the consolidation of republican values. The specific objectives include: analyzing Kant's concepts of ethics, morality, and law; investigating the application of Kantian principles within the republican context, with a focus on citizenship and transparency; and applying these principles to legal practice, assessing their relevance to ethical conduct in advocacy. The research is structured into three chapters. The first chapter is dedicated to analyzing Kant's main ethical concepts, such as the categorical imperative, the autonomy of the will, and the concept of man as an end in himself, highlighting how these principles can serve as a foundation for ethical conduct in advocacy. The second chapter explores Kantian citizenship and the importance of the publicity of acts in a Republic, discussing how these principles can be applied to legal practice, promoting transparent and responsible advocacy towards society. The third chapter applies the concepts developed throughout the research to Brazilian advocacy, analyzing how Kantian principles can guide moral decisions in the ethical dilemmas of professional practice, always focusing on the promotion of equitable justice and respect for human dignity.